{"id":4985,"date":"2011-05-02T07:54:34","date_gmt":"2010-12-13T07:01:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-13T07:01:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4985","title":{"rendered":"E.D.N.C.: “Hastily included” reference to CI was negligent and did not violate Franks<\/em>"},"content":{"rendered":"

Defendant fails in his Franks<\/a> burden where the court can conclude that the part of the affidavit that offends him was \u201chastily included\u201d in the affidavit and was not intentional or even reckless. United States v. Nedd, 2010 U.S. Dist. LEXIS 130618 (E.D. N.C. December 9, 2010)*:<\/p>\n

On this prong, Nedd fails to carry his burden. Other than pointing to Officer Monroe’s mistaken inclusion of a reference to a \u201cconfidential informant\u201d Nedd puts forth no evidence tending to establish that the officer’s reference was anything other than a hastily included mistake. Nothing in the record supports a finding that Monroe acted intentionally or even recklessly in including the reference to the confidential informant.<\/p><\/blockquote>\n

An officer heard a radio report of a robbery, and he stopped a car which he thought could have been involved in the robbery for a broken taillight. There were several in the car, and he ordered them all out of the car so he could watch them, and they were nervous, had inconsistent stories, and had bulging pockets. The stop and patdowns were reasonable, as was the detention. State v. Cooper<\/a>, 55 So. 3d 873 (La. App. 2d Cir. 2010).*<\/p>\n

The state showed that the defendant\u2019s consent to a blood draw at the hospital after an accident was voluntary, so the blood test results were properly admitted. Irby v. State<\/a>, 49 So. 3d 94 (Miss. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4985","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4985","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4985"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4985\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4985"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4985"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4985"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}